An appeals court in Mississippi has ruled that medical marijuana businesses in the state are not allowed to advertise on billboards or other platforms due to the federal illegality of marijuana. The court cited the federal Controlled Substances Act, which has prohibited marijuana-related activities since 1970.
The owner of a medical marijuana dispensary had argued that the First Amendment protected the right to advertise, given that Mississippi law permits the sale of cannabis products to individuals with certain medical conditions. However, the court rejected this argument, stating that federal law supersedes state law in this matter.
The Mississippi attorney general's office welcomed the court's decision, emphasizing the state's right to impose restrictions on advertising for medical marijuana businesses. The ban on advertising includes print, broadcast, social media, and mass communications.
One of the affected business owners, Clarence Cocroft II, expressed disappointment over the ruling, stating that it hinders his ability to reach potential customers and educate the public about the state's medical marijuana program. Cocroft vowed to continue fighting for equal treatment of his business under the law.
While medical marijuana businesses in Mississippi are allowed to have websites and social media accounts to provide information about their products and locations, the ban on certain forms of advertising remains in place. The businesses can still participate in charity events and advocacy efforts.
The Institute for Justice, a nonprofit law firm representing Cocroft, is exploring further legal options, including a possible appeal to the Supreme Court. The firm argues that Mississippi cannot simultaneously permit the sale of medical marijuana while restricting communication about it based on federal law.
